The Supreme Court supported Leningrad OFAS in the “forestry” case
The Supreme Court dismissed a claim of the Regional Committee on Natural Resources for invalidating a decision of Leningrad OFAS on a case regarding forest plots lease
In spring 2016 Leningrad OFAS considered a complaint of “Partner” YuA” Ltd. and cancelled an auction for the right to conclude а long-term contract for leasing forest plots in the Leningrad region, organized by the Committee. The Commission of the antimonopoly body established that the auction subject is the plots without cadastral registration.
The Committee disagreed with the OFAS position and filed a lawsuit, that went up to the final Court instance. The Supreme Court, however, did not find the grounds to forward the cassation appeal lodged by the Committee for consideration by the Judicial Collegium on Economic Disputes of the Supreme Court of the Russian Federation.
Thus, the decision of Leningrad OFAS was recognized unlawful. OFAS filed a claim to reopen the case on invalidating the contract with “Lesplitinvest” OJSC, suspended by the Arbitration Court until the Supreme Court passes its writ.
Head of Leningrad OFAS Alexander Pleteshkov pointed out: “The writ issued by the Supreme Court drew a line in the case on lawlessness in the course of the auction for forest plot lease, where the authorities demonstrated anticompetitive conduct. We did not doubt for a second the rightness of our decision in spite of the Court of First Instance and the Appeal Court not supporting us. OFAS was able to justify its position and we now see that, having studied the case materials, the Supreme Court recognized legitimacy of the ruling of the Cassation Court and, therefore, the correctness and legitimacy of our decision”.